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Century Claims Immunity From Apartment Lawsuit Over Water, Sewer Fees
October 29, 2018
The Town of Century has filed a motion to dismiss a lawsuit against them by the developers of a new 50-unit apartment complex over the amount charged to connect water and sewer service. The town claims they are immune to the lawsuit under sovereign immunity.
The Paces Foundation and Century Park Apartments claim they only owed the town $57,750 in tap fees to connect water and sewer for the 50-unit complex, but they were charged $165,180. Paces is seeking a $101,430 refund, legal costs and any additional award by the court.
The town claims that Florida law does not allow a party to attempt to enforce an oral agreement against a governmental entity such as Century. Citing a 1984 Florida Supreme Court case, the town says there is not written agreement with Paces; therefore, they have no claim.
The town also asserts that that alleged agreement is unenforceable because it is not written or signed.
The lower fee of $63,750, according to Paces, was decided upon during a 2015 meeting with then-Mayor Freddie McCall and Town Planner Debbie Nickles. The only written agreement to come out of that meeting was a handwritten page showing calculations that Paces said were based upon the 2015 rates as published online in the town’s municipal code. The handwritten document also included a proposed fee for natural gas; however, the developer later opted to go all-electric.
In 2017, the town council passed two resolutions increasing the water and sewer tap fees and charged Paces based upon 50 connections. The apartment complex, according to the lawsuit, has only one master meter that serves all 50 units.
Paces contends they relied upon the lower payment quote in determining their financial options with the apartment development. They contend they were forced to submit the higher fee in order to obtain utility services and obtain a certificate of occupancy for the apartments.
The town hired attorney Thomas M. Findley of the Tallahassee firm Baker Donelson for its defense. Findley is a member of the firm’s Government Enforcement and Investigations Group with more than 20 year experience handling white collar criminal cases.
On October 15, Mayor Henry Hawkins told the town council that Century’s response to the lawsuit would be “getting them on technicalities” [read previous story...]. He said subpoenas were incorrectly served on Town Clerk Kim Godwin but still listed a former town clerk’s name. Hawkins said that he should have been served as the “highest ranking person” in town government, and “if they are going to serve anybody else, they have to serve them between 11 a.m. and noon.”
None of the issues raised by Hawkins were in the motion to dismiss filed in Escambia County Circuit Court.
Pictured top: Century Park Apartments. Pictured top inset: A check submitted under protest to the town by the Paces Foundation. Pictured bottom inset: The handwritten document Paces contends demonstrated a lower water and sewer tap fee as authorized by town code. Pictured below: Century’s justification for the $165,180 tap fee charged to the developer. NorthEscambia.com photo and images, click to enlarge.
Comments
22 Responses to “Century Claims Immunity From Apartment Lawsuit Over Water, Sewer Fees”
The town of Century should on TV as a reality show. Aka Clown show! Pay your damn bills and do something productive other than polluting the news with your failures.
The best thing that could happen to century is the state and other special interest groups stop proping it up…..let it collapse.
we were far better off as the town of south flomaton. would never work now, for one why would they ever want to annex this pitiful money pit?
Maybe the property developer should say he is immune to paying property taxes as well. Just because of a technicality.
I agree there should have been a commercial rate and they should have passed one back when the rates were discussed for these apartments instead of quoting the residential rate at the time.
But having said that…it is a public relations disaster for trying to recoup that money now. The town should have honored the first agreement and passed new rates for commercial property going forward.
I was driving 87 in a 65, I plead immunity and still got the ticket. Why does this theory not work?
1) Both fee schedules are wrong. There is one water tap and one wastewater tap. Albeit considerably larger than residential but still only one each. The fees are estimated for single-family residences. Perhaps there should be a commercial rate or upsize rate for both connections instead of using a single-family residence rate multiplying by 50.
2) If one is going to use the X50 method to determine the fees then the deposit should also reflect X50 as well, as indicated in the hand-written note. The new rates use X50 for the tap with a single deposit.
3) Either estimate using the X50 method is price gouging in my book. The Town should have a commercial rate and price the fees accordingly. The town didn’t put in 50 new water meters and cut in 50 new sewer taps.
Is it any wonder why they can’t attract new business to Century? Stiffing new businesses on money owed to them “on a technicality”. Here is a novel idea…how about pay people the money as promised? oh that’s right. They don’t have the money to pay their other bills
And prospective employers looking at fresh dirt read about Century’s track record and are shaking THEIR heads.
I think it’s hilarious that the Mayor thinks a service technicality is sufficient to dismiss.
and the requirement that they be served between 11 a.m. and noon…
if a process server comes to serve you, they have the authority of the issuing body.
in this case, if it’s the state of florida that is serving you with paperwork the state wins. the mayor fails to see that in the rankings of federal, state, local, city…
he’s *last*
But the little town needs the money (snark intended). See a previous story regarding their inability to pay bills and having to shuffle money around in accounts.
The town needs to give it up. Disband and go back to being an unincorporated entity.
The developer had lawyers representing them. There was no written agreement as to impact fees and a staff member and former mayor are not the same as approving a resolution properly setting the contributions and schedules in writing . Century has been ill served by staff. The tap fees were raised. Every citizen in Century has to pay the higher fees, yet this developer thinks that they can talk to a janitor, or anybody they think of in Century City Hall, write some notes down on a piece of paper, and then take century to court to steal a hundred thousand from the citizens. There is a rotten tooth in century which needs to be extracted as it has outlived its usefulness, yet the same name pops up with problems in Century……….she had no authority to bind Century, and the legal costs of this suit should be deducted from her pay, or get someone who knows how to draft a proper legal binding development agreements with developers. This post will never see the light of day because this person is protected while others get blamed.
I guess if century has sovereign immunity, that makes the citizens sovereign citizens that also are immune to lawsuits?
I’m just trying to figure out how the town of Century can afford litigation with all their money problems…. SMH. This town is so sad.
So much for the technicalities the Mayor was “getting them” on. This one probably will turn into some good money being spent behind some bad. Common sense tells me they will lose this one in court. The past mayor, and city clerk will testify that the fees in dispute were agreed to, and the figures on that piece of paper are accurate and was issued by a representative of the city. The city will not only have to refund the money, but they will be on the hook for both sides legal fees. How is that gonna add up?
Maybe after this clustermess, Century new name will be “YESTERDAY”.. AS A FORMER CONTRACTOR IN THIS COUNTY “RETIRED, I think the people of YESTERDAY should ban together and vote these corrupt people OUT….
Since this is all about the Town of Century, is the town legally the Town of Century or is it still The Town of South Flomaton as it was originally if so nothing is legal. How is everything actually listed in Tallahassee? Just a thought.
If the building permits were issued prior to the change of the published rates in 2017 then the town should be required to use those rates that were in their municipal code at the time the permits were pulled
Is there not meeting minutes recorded during these meetings?
Mark it down now because no new corporations or businesses will ever come into the town. I guess you could call this Century’s $100,000 mistake. Taking advantage of businesses by extorting money because the town has them “over a barrel” will be the downfall of Century as word spreads like wildfire among the business community. In the not to distant future, this backwards little inept town with noting to offer will be known as the former town of Century. Remember, elections have consequences and Century can see the results of ballots cast.
The prices for hooking up either are RIDICULOUS ! I could understand if it was individual homes where a sewer/water line we’re needed for each home. When their running probably one 6″ pipe up to catch all units, that is included in the cost of the plumbing of new construction. There’s really only one or two tap ins for a complex like this. So again, RIDICULOUS !
I hope Mr. Thomas M. Findley collected his fees up front otherwise he’ll go on the long list of unpaid bills. I also find it amusing that the good Mayor’s technicalities wasn’t listed in the motion. I can only imagine the conversation between the good Mayor and the attorney.